• Court Rules that Documents Ordered Produced Under “Patient’s Right to Know” Amendment (“Amendment 7”) are not Admissible at Triall
  • February 25, 2011 | Authors: Christine Davis Graves; Thomas J. Roehn; Jessica Zagier Wallace
  • Law Firms: Carlton Fields, P.A. - Tallahassee Office ; Carlton Fields, P.A. - Tampa Office ; Carlton Fields, P.A. - Miami Office
  • The Honorable Judge Jeffrey M. Fleming granted Osceola Regional Medical Center’s motion in limine for documents produced under Article X, section 25 of the Florida Constitution (“Amendment 7” or “Patient’s Right to Know” Amendment) in: Grafal/Sinclair v. Osceola Regional Medical Center, et al., Case No. 09 CA 1526 (Fla. 9th Cir. Ct. February 9, 2011).

    In its order, the Court ruled that Amendment 7 does not affect the Florida statutes that prohibit the admissibility of peer review, risk management and quality assurance records. See §§ 395.0193(8), 395.0197(4), and 766.106(5), Fla. Stat. Thus, to the extent that Amendment 7 renders certain records of adverse medical incidents discoverable, the amendment does not permit these records to be admitted in a court of law.

    After the Court’s ruled on this issue, Plaintiffs filed an extensive motion for reconsideration, which was also denied.